Renters' Rights – Your FAQs about ending a tenancy
Our latest webinar about the Renters' Rights Act dealt with how to end a periodic tenancy and how to regain possession of your rental property.
Head of Policy James Wood talked about the routes you must now take to regain possession after the Act ended Section 21 "no-fault" evictions.
Hundreds of you joined our webinar and submitted questions about the updated Section 8 grounds, the new possession process, and what to expect if a case goes to court.
Here are some of the most popular questions that came in to our team.
Your Frequently Asked Questions
Q: I have a tenant who has rented from me on an Assured Shorthold Tenancy (AST) for about ten years. That tenancy has now, of course, become an Assured Periodic Tenancy (APT). What events and dates would apply if I wanted to regain possession of the property in order to sell it?
A: In this situation you would need to serve a Section 8 notice using Ground 1A. You would have to provide your tenant with at least four months' notice (which cannot end in the first 12 months of the tenancy), and this ground is subject to a restricted period. This means you will not be able to re-let the property within the first 12 months from the expiry of the notice or from the date you apply to court if necessary. This is to prevent misuse of the ground, but will impact you if you subsequently decided not to sell, or were unable to sell the property.
Q: If a tenant's Universal Credit payments have been paused or delayed — for example, while their claim is being investigated — does any resulting shortfall in rent count as arrears under the ground 8 rent arrears ground?
A: No - any shortfall in rent resulting from a Universal Credit delay or investigation is not classed as arrears under the mandatory rent arrears ground. This means you cannot use it as a basis for a ground 8 Section 8 notice.
We pushed back on this during the Bill's passage through Parliament, arguing that landlords facing mortgage payments and other financial commitments should not be penalised for circumstances outside their control. Unfortunately, the Government did not accept this position.
If you find yourself in this situation, we recommend talking to your tenant as soon as possible to discuss the shortfall.
Q: My tenant decided to leave the property after giving the required notice. I then put the property up for sale after he left. In the event that I am unable to find a buyer, can I then re-let the property immediately?
A: If it is the tenant who gives notice and leaves the property, there are no time restrictions on re-letting. The restricted period applies only in relation to Grounds 1 and 1A.
Q: Do you still need to serve the information leaflet if you have an ongoing eviction?
A: You do not need to serve the leaflet if you issued your tenant a valid Section 21 or Section 8 notice before 1st May. However, you will need to serve it at the conclusion of the possession process if the tenant remains in the property - for example, if the case is unsuccessful.
Q: Some Section 8 grounds include a restriction preventing landlords from seeking possession within the first 12 months of a tenancy. Does the conversion of an existing AST to an APT on 1st May reset that clock - or does the 12-month period run from when the original tenancy began?
A: The conversion of your tenancy on 1st May does not reset the clock. Several Section 8 grounds - including Ground 1 (moving back into the property) and Ground 1A (selling the property) - cannot be used within the first 12 months of a tenancy. For tenancies that were already running before 1st May, that 12-month period is calculated from when the AST was created or last renewed, not from the date it converted to an Assured Periodic Tenancy.
Q: Ground 1A - the ground for seeking possession in order to sell the property - includes a restriction preventing you from re-letting for 12 months. Does that 12-month period run from the date you serve the notice, or from the date the notice expires?
A: The 12-month restricted period runs from either the expiry date on the notice or from the date you make a court application if necessary, not from the date it is served. Because Ground 1A requires a minimum of four months' notice, landlords should factor in 16 months in total from the point of serving the notice before they would be free to re-let the property
Listen back
If you registered for this webinar but were unable to attend or if you want to watch it back, you can by clicking here
Next webinar
Our next webinar, entitled ‘Starting new tenancies’ will be held on 24th June from 11am-12pm. This webinar will begin with an explainer of the new rules around how to start tenancies.
As ever, a live Q&A will follow the presentation.
To register, click here
More information
To visit our Renters' Rights Hub, packed with information and resources to help you manage the transition, click here.
We have also developed an exclusive Navigator tool, offering you your personalised "to-do list” tailored to your needs, which can be accessed here.
The NRLA's award-winning training academy runs a comprehensive Renters' Rights Act training offer. Click here to book
